Section 38 — Federal Circuit and Family Court of Australia Act 2021: Stay of proceedings and suspension of orders

(1) If an appeal to the Federal Circuit and Family Court of Australia (Division 1) from another court has been instituted: (a) the Federal Circuit and Family Court of Australia (Division 1) or a Judge, or a judge of that other court (not being the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia), may order, on such conditions (if any) as either court or a judge thinks fit, a stay of all or any proceedings under the judgment appealed from; and (b) the Federal Circuit and Family Court of Australia (Division 1) or a Judge may, by order, on such conditions (if any) as the Court or Judge thinks fit, suspend the operation of an injunction or other order to which the appeal, in whole or in part, relates. (2) This section does not affect the operation of any provision made by or under any other Act or by the Rules of Court for or in relation to the stay of proceedings.